New Mexico Statutes
Article 1B - Animal Sheltering
Section 77-1B-8 - Euthanasia agencies; inspections; exemptions. (Repealed effective July 1, 2024.)

A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency.
B. The board shall adopt rules governing the procedures for administering euthanasia; provided that the use of carbon monoxide gas chambers shall be prohibited for the euthanasia of cats and dogs.
C. The board shall establish rules for inspecting a facility holding or claiming to hold a license as a euthanasia agency in this state.
D. The board shall establish policies and procedures for record keeping and for securing, using and disposing of euthanasia drugs in accordance with requirements of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978], the United States drug enforcement administration's Controlled Substances Act and the rules of the board of pharmacy.
E. Euthanasia agencies using controlled substances shall have on staff or under contract a consulting pharmacist as that position is defined in the Pharmacy Act [Chapter 61, Article 11 NMSA 1978].
F. A supervising veterinarian is not required to be on the premises of a euthanasia agency when euthanasia is performed.
G. Nothing in Chapter 77, Article 1B NMSA 1978 shall be construed as allowing a euthanasia technician or a euthanasia instructor to engage in the practice of veterinary medicine when performing the duties set forth in that act.
H. Nothing in Chapter 77, Article 1B NMSA 1978 shall be construed as preventing a euthanasia instructor from euthanizing animals during a board-approved course on euthanasia instruction.
I. Nothing in Chapter 77, Article 1B NMSA 1978 affects wildlife rehabilitators working under the auspices of the department of game and fish.
J. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of Chapter 77, Article 1B NMSA 1978; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act [Chapter 61, Article 14 NMSA 1978].
K. A municipal facility that is a zoological park is exempt from the provisions of Chapter 77, Article 1B NMSA 1978.
History: Laws 2007, ch. 60, § 8; 2009, ch. 102, § 11; 2009, ch. 103, § 2.
Delayed repeals. — Laws 2017, ch. 44, § 7 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2024. See Section 61-14-20 NMSA 1978.
2009 Multiple Amendments. — Laws 2009, ch. 102, § 11 and Laws 2009, ch. 103, § 2 both enacted amendments to this section. Pursuant to 12-1-8 NMSA 1978, Laws 2009, ch. 103, § 2, as the last act signed by the governor, has been compiled into the NMSA as set out above, and Laws 2009, ch. 102, § 11, while not compiled pursuant to 12-1-8 NMSA 1978, is set out below.
Laws 2009, ch. 103, § 2 [set out above], effective June 19, 2009, changed the reference of the act from "Animal Sheltering Services Act" to "Chapter 77, Article 1B NMSA 1978"; in Subsection B, added the exception at the end of the sentence; and in Subsections G and H, before "euthanasia", deleted "certified".
Laws 2009, ch. 102, § 11 [set out below], effective June 19, 2009, in Subsection D, changed "federal" to "United States" and "agency" to "administration's"; in Subsection G, deleted "Services" from the name of the act, changed "licensed euthanasia provider" to "euthanasia technician" and deleted "certified" before "euthanasia instructor"; in Subsection H, deleted "Services" from the name of the act and deleted "certified" before "euthanasia instructor"; and in Subsections I, J and K, deleted "Services" from the name of the act, and provided:
"77-1B-8. Euthanasia agencies; inspections; exemptions.
A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency.
B. The board shall adopt rules governing the procedures for administering euthanasia.
C. The board shall establish rules for inspecting a facility holding or claiming to hold a license as a euthanasia agency in this state.
D. The board shall establish policies and procedures for record keeping and for securing, using and disposing of euthanasia drugs in accordance with requirements of the Controlled Substances Act, the United States drug enforcement administration's Controlled Substances Act and the rules of the board of pharmacy.
E. Euthanasia agencies using controlled substances shall have on staff or under contract a consulting pharmacist as that position is defined in the Pharmacy Act.
F. A supervising veterinarian is not required to be on the premises of a euthanasia agency when euthanasia is performed.
G. Nothing in the Animal Sheltering Act shall be construed as allowing a euthanasia technician or a euthanasia instructor to engage in the practice of veterinary medicine when performing the duties set forth in that act.
H. Nothing in the Animal Sheltering Act shall be construed as preventing a euthanasia instructor from euthanizing animals during a board-approved course on euthanasia instruction.
I. Nothing in the Animal Sheltering Act affects wildlife rehabilitators working under the auspices of the department of game and fish.
J. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of the Animal Sheltering Act; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act.
K. A municipal facility that is a zoological park is exempt from the provisions of the Animal Sheltering Act.".